O.P.P officers guard 55 kilograms of cocaine during a press conference in Barrie, Ont., on Wednesday, April 3, 2019. Federal prosecutors are being instructed to criminally prosecute only the most serious drug possession offences and to find alternatives outside the criminal justice system for the rest. THE CANADIAN PRESS/Nathan Denette

O.P.P officers guard 55 kilograms of cocaine during a press conference in Barrie, Ont., on Wednesday, April 3, 2019. Federal prosecutors are being instructed to criminally prosecute only the most serious drug possession offences and to find alternatives outside the criminal justice system for the rest. THE CANADIAN PRESS/Nathan Denette

Liberals move toward changing federal drug policy as opioid deaths spike

Feds launched a national consultation on supervised-consumption sites this week

The Liberal government is taking steps toward promised changes to federal drug policy, while looking at how to reduce opioid-related deaths during the pandemic.

The federal government launched a national consultation on supervised-consumption sites this week, saying they would be seeking comments from a variety of Canadians, including those who operate the sites — and those who use them.

“The evidence shows us that supervised-consumption sites and services save lives and can provide people who use drugs with access to health and social services and treatment,” federal Health Minister Patty Hajdu said in a statement Thursday.

“As we see the COVID-19 outbreak worsening the situation for Canadians struggling with substance use disorders, it is more important than ever to ensure support is available. The feedback we are gathering from communities across Canada will help us to better understand how we can continue to help Canadians and save lives.”

The federal government also announced Thursday it was committing $582,000 in funding for a new Toronto project to offer a safe supply of opioids to reduce overdose deaths during the COVID-19 pandemic.

Health Canada also granted a federal exemption to a Toronto health-care centre to operate an overdose-prevention site at a COVID-19 isolation shelter until late September.

Separately, federal prosecutors are now being instructed to criminally prosecute only the most serious drug possession offences and to find alternatives outside the criminal justice system for the rest.

That directive is contained in a new guideline issued by the director of public prosecutions, Kathleen Roussel, who is independent from the federal Justice Department.

“The approach set out in this guideline directs prosecutors to focus upon the most serious cases raising public safety concerns for prosecution and to otherwise pursue suitable alternative measures and diversion from the criminal justice system for simple possession cases,” the guideline states.

READ MORE: Federal prosecutors receive new guidelines against prosecuting minor drug offences

In all instances, the guideline says alternatives to prosecution should be considered if the possession offence involves a person enrolled in a drug treatment court program or an addiction treatment program supervised by a health professional.

The same applies in cases that involve a violation of bail conditions and can be addressed adequately by a judicial referral hearing, as well as cases where the offender’s conduct can be dealt with by an approved alternative measure, including Indigenous and non-Indigenous restorative justice responses.

The guideline says criminal prosecution for possession of a controlled substance “should generally be reserved for the most serious manifestations of the offence.” It says cases would be considered serious if a person caught in possession of an illegal drug was engaged in conduct that could endanger the health or safety of others.

The guideline specifies six types of conduct that would generally warrant criminal prosecution:

— Conduct that poses a risk to the safety or well-being of children or youth, such as being in possession of an illicit drug in the vicinity of places frequented by youths or being a person in a position of trust or statutory authority with respect to children.

— Conduct that puts the health or safety of others at risk, such as driving or preparing to drive while impaired, supervising another person driving, operating machinery, possessing a weapon or performing an activity that poses a risk to public health or safety.

— Conduct that “poses a heightened risk” to a community’s efforts to combat illegal substance use, an issue that often arises in isolated and remote communities.

— Conduct where there’s “a factually grounded basis to associate it” with another drug offence, including cultivation, production, harvesting, trafficking or importation of a controlled substance.

— Conduct in breach of rules in “a regulated setting” such as jail or prison.

— Conduct committed by a peace officer or public officer that is relevant to the discharge of their duties.

— The purpose of the guideline is to articulate “a principled prosecutorial litigation approach to the well-documented realities about the health impact of substance use while acknowledging that certain drug use may present particular public safety concerns.”

That seems consistent with the federal Liberal government’s approach to illegal drugs as being more a public health issue than a criminal one.

In their first mandate, the Liberals legalized the recreational use of cannabis. However, Prime Minister Justin Trudeau rejected calls to decriminalize possession of other harder drugs, despite a resolution passed at the last Liberal convention calling for such an approach.

Instead, the Liberal platform in last fall’s election promised to make drug treatment court the default option for first-time non-violent offenders charged exclusively with simple possession. It also promised to help drug users get quick access to treatment.

The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Drugsopioids

Just Posted

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Over 5K jabbed at Interior Health mobile COVID-19 vaccine clinics

The clinics have made stops in more than 40 communities since launching last week

Provincial Health Officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
Interior Health COVID-19 cases falling slower than the rest of B.C.

More than a third of provincial cases announced Thursday came from the Interior

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Second dose vaccinations accelerating throughout region: Interior Health

To date, more than 675,000 doses have been administered throughout the region

Okanagan Lake (File photo)
Thompson-Okanagan ready to welcome back tourists

The Thompson-Okanagan Tourism Association expects this summer to be a busy one

Aerial view of a wildfire at 16 Mile, 11 kilometres northwest of Cache Creek, that started on the afternoon of June 15. (Photo credit: BC Wildfire Service)
Wildfire at 16 Mile now being held

Wildfire started on the afternoon of June 15 at 16 Mile, east of Highway 97

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

FILE – Most lanes remain closed at the Peace Arch border crossing into the U.S. from Canada, where the shared border has been closed for nonessential travel in an effort to prevent the spread of the coronavirus, Thursday, May 7, 2020, in Blaine, Wash. The restrictions at the border took effect March 21, while allowing trade and other travel deemed essential to continue. (AP Photo/Elaine Thompson)
Feds to issue update on border measures for fully vaccinated Canadians, permanent residents

Border with U.S. to remain closed to most until at least July 21

A portion of the George Road wildfire burns near Lytton, B.C. in this Friday, June 18, 2021 handout photo. THE CANADIAN PRESS/HO, BC Wildfire Service *MANDATORY CREDIT*
Blaze near Lytton spread across steep terrain, says BC Wildfire Service

Fire began Wednesday and is suspected to be human-caused, but remains under investigation

Blair Lebsack, owner of RGE RD restaurant, poses for a portrait in the dining room, in Edmonton, Friday, June 18, 2021. Canadian restaurants are having to find ways to deal with the rising cost of food. THE CANADIAN PRESS/Jason Franson
Canadian restaurateurs grapple with rising food costs, menu prices expected to rise

Restaurants are a low margin industry, so there’s not a lot of room to work in additional costs

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

Emily Steele holds up a collage of her son, 16-year-old Elijah-Iain Beauregard who was stabbed and killed in June 2019, outside of Kelowna Law Courts on June 18. (Aaron Hemens/Capital News)
Kelowna woman who fatally stabbed teen facing up to 1.5 years of jail time

Her jail sentence would be followed by an additional one to 1.5 years of supervision

Most Read